|Public Act 101-0656|
|SB1480 Enrolled||LRB101 09073 JLS 54166 b|
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Human Rights Act is amended by
changing Section 1-103 and by adding Section 2-103.1 as
(775 ILCS 5/1-103)
(from Ch. 68, par. 1-103)
When used in this Act,
context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least
40 years old, except with regard to any practice
described in Section
2-102, insofar as that practice concerns
training or apprenticeship
programs. In the case of training or
apprenticeship programs, for the
purposes of Section 2-102,
"age" means the chronological age of a person
who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
or proved to have been injured by a civil rights
violation or believes he
or she will be injured by a civil
rights violation under Article 3 that is
about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;
(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the
Criminal Identification Act.
(C) Charge. "Charge" means an allegation filed with the
by an aggrieved party or initiated by the Department
(D) Civil rights violation. "Civil rights violation"
shall be limited to only those specific acts set
forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
6-101, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
the Department with the Commission following an
finding of substantial evidence of a civil
(G) Complainant. "Complainant" means a person including
Department who files a charge of civil rights violation
with the Department or
(G-5) Conviction record. "Conviction record" means
information indicating that a person has been convicted of a
felony, misdemeanor or other criminal offense, placed on
probation, fined, imprisoned, or paroled pursuant to any law
enforcement or military authority.
(H) Department. "Department" means the Department of Human
created by this Act.
(I) Disability. "Disability" means a determinable physical
characteristic of a person, including, but not
limited to, a determinable
physical characteristic which
necessitates the person's use of a guide,
hearing or support
dog, the history of such characteristic, or the
such characteristic by the person complained against, which
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
(1) For purposes of Article 2, is unrelated to the
to perform the duties of a particular job
or position and, pursuant to
Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
(2) For purposes of Article 3, is unrelated to the
to acquire, rent, or maintain a housing
(3) For purposes of Article 4, is unrelated to a
person's ability to
(4) For purposes of Article 5, is unrelated to a
person's ability to
utilize and benefit from a place of
(5) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(J) Marital status. "Marital status" means the legal status
married, single, separated, divorced, or widowed.
(J-1) Military status. "Military status" means a person's
active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any
reserve component of the armed forces of the
United States, including the United
States Army Reserve, United
States Marine Corps Reserve, United States Navy
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National
(K) National origin. "National origin" means the place in
person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986, Article
112A of the Code of Criminal Procedure of 1963, the Stalking No
Contact Order Act, or the Civil No Contact Order Act, or an
order of protection issued by a court of another state.
(L) Person. "Person" includes one or more individuals,
associations or organizations, labor
organizations, labor unions, joint
or union labor associations, corporations, the
Illinois and its instrumentalities, political subdivisions,
of local government, legal representatives, trustees in
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
(M) Public contract. "Public contract" includes every
contract to which the
State, any of its political subdivisions,
or any municipal corporation is a
(N) Religion. "Religion" includes all aspects of religious
and practice, as well as belief, except that with
respect to employers, for
the purposes of Article 2, "religion"
has the meaning ascribed to it in
paragraph (F) of Section
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity,
whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(P) Unfavorable military discharge. "Unfavorable military
includes discharges from the Armed Forces of the
United States, their
Reserve components, or any National Guard
or Naval Militia which are
classified as RE-3 or the equivalent
thereof, but does not include those
characterized as RE-4 or
(Q) Unlawful discrimination. "Unlawful discrimination"
against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection status,
disability, military status, sexual
discharge from military service as those terms are
defined in this Section.
(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
(775 ILCS 5/2-103.1 new)
(A) Unless otherwise authorized by law, it is a civil
rights violation for any employer, employment agency or labor
organization to use a conviction record, as defined under
subsection (G-5) of Section 1-103, as a basis to refuse to
hire, to segregate, or to act with respect to recruitment,
hiring, promotion, renewal of employment, selection for
training or apprenticeship, discharge, discipline, tenure or
terms, privileges or conditions of employment (whether
"disqualification" or "adverse action"), unless:
(1) there is a substantial relationship between one or
more of the previous criminal offenses and the employment
sought or held; or
(2) the granting or continuation of the employment
would involve an unreasonable risk to property or to the
safety or welfare of specific individuals or the general
For the purposes of this subsection (A), "substantial
relationship" means a consideration of whether the employment
position offers the opportunity for the same or a similar
offense to occur and whether the circumstances leading to the
conduct for which the person was convicted will recur in the
(B) Factors considered. In making a determination pursuant
to subsection (A), the employer shall consider the following
(1) the length of time since the conviction;
(2) the number of convictions that appear on the
(3) the nature and severity of the conviction and its
relationship to the safety and security of others;
(4) the facts or circumstances surrounding the
(5) the age of the employee at the time of the
(6) evidence of rehabilitation efforts.
(C) Interactive assessment required for disqualifying
conviction. If, after considering the mitigating factors in
subsection (B), the employer makes a preliminary decision that
the employee's conviction record disqualifies the employee,
the employer shall notify the employee of this preliminary
decision in writing.
(1) Notification. The notification shall contain all
of the following:
(a) notice of the disqualifying conviction or
convictions that are the basis for the preliminary
decision and the employer's reasoning for the
(b) a copy of the conviction history report, if
(c) an explanation of the employee's right to
respond to the notice of the employer's preliminary
decision before that decision becomes final. The
explanation shall inform the employee that the
response may include, but is not limited to, submission
of evidence challenging the accuracy of the conviction
record that is the basis for the disqualification, or
evidence in mitigation, such as rehabilitation.
(2) Employee response. The employee shall have at least
5 business days to respond to the notification provided to
the employee before the employer may make a final decision.
(3) Final decision. The employer shall consider
information submitted by the employee before making a final
decision. If an employer makes a final decision to
disqualify or take an adverse action solely or in part
because of the employee's conviction record, the employer
shall notify the employee in writing of the following:
(a) notice of the disqualifying conviction or
convictions that are the basis for the final decision
and the employer's reasoning for the disqualification;
(b) any existing procedure the employer has for the
employee to challenge the decision or request
(c) the right to file a charge with the Department.
The Business Corporation Act of 1983 is
amended by changing Section 14.05 as follows:
(805 ILCS 5/14.05)
(from Ch. 32, par. 14.05)
Annual report of domestic or foreign
Each domestic corporation organized under any
general law or
special act of this State authorizing the
corporation to issue shares,
other than homestead
associations, building and loan associations, banks
insurance companies (which includes a syndicate or limited
regulated under Article V 1/2 of the Illinois
Insurance Code or member of a
group of underwriters regulated
under Article V of that Code), and each
(except members of a group of underwriters regulated
Article V of the Illinois Insurance Code) authorized to
business in this State, shall file, within the time
prescribed by this
Act, an annual report setting forth:
(a) The name of the corporation.
(b) The address, including street and number, or rural
route number, of
its registered office in this State, and
the name of its registered agent
at that address.
(c) The address, including street and number, or rural
route number, of
its principal office.
(d) The names and respective addresses, including
number, or rural route number, of its directors
(e) A statement of the aggregate number of shares which
has authority to issue, itemized by classes
and series, if any, within a class.
(f) A statement of the aggregate number of issued
shares, itemized by
classes, and series, if any, within a
(g) A statement, expressed in dollars, of the amount of
of the corporation as defined in this Act.
(h) Either a statement that (1) all the property of the
located in this State and all of its
business is transacted at or from places
of business in
this State, or the corporation elects to pay the annual
franchise tax on the basis of its entire paid-in capital,
or (2) a
statement, expressed in dollars, of the value of
all the property owned by
the corporation, wherever
located, and the value of the property located
State, and a statement, expressed in dollars, of the gross
amount of business transacted by the corporation and the
gross amount thereof
transacted by the corporation at or
from places of business in this State
as of the close of
its fiscal year on or immediately preceding the last day of
the third month prior to the anniversary month or in the
case of a
corporation which has established an extended
filing month, as of the close
of its fiscal year on or
immediately preceding the last day of the third month
to the extended filing month; however, in the case of a
corporation that has not completed its first
fiscal year, the statement with
respect to property owned
shall be as of the last day of the third month
the anniversary month and the statement with respect to
transacted shall be furnished for the period
between the date
of incorporation and the last day of the
third month preceding the
anniversary month. In the case of
a foreign corporation that has not been
transact business in this State for a period of 12 months
has not commenced transacting business prior to
authority, the statement with respect to
property owned shall be as of the
last day of the third
month preceding the anniversary month and the
with respect to business transacted shall be furnished for
period between the date of its authorization to
transact business in this
State and the last day of the
third month preceding the anniversary month.
If the data
referenced in item (2) of this subsection is not completed,
the franchise tax provided for in this Act shall be
computed on the basis of
the entire paid-in capital.
(i) A statement, including the basis therefor, of
status as a
"minority-owned business" or as a "women-owned
business" as those terms
are defined in the Business
Minorities, Women, and Persons with
(j) Additional information as may be necessary or
order to enable the Secretary of State to
administer this Act and to verify
the proper amount of fees
and franchise taxes payable by the corporation.
(k) A statement of whether the corporation or foreign
corporation has outstanding shares listed on a major United
States stock exchange and is thereby subject to the
reporting requirements of Section 8.12.
(l) For those corporations subject to Section 8.12, a
statement providing the information required under Section
(m) For those corporations required to file an Employer
Information Report EEO-1 with the Equal Employment
Opportunity Commission, information that is substantially
similar to the employment data reported under Section D of
the corporation's EEO-1 in a format approved by the
Secretary of State. For each corporation that submits data
under this paragraph, the Secretary of State shall publish
the data on the gender, race, and ethnicity of each
corporation's employees on the Secretary of State's
official website. The Secretary of State shall publish such
information within 90 days of receipt of a properly filed
annual report or as soon thereafter as practicable.
The annual report shall be made on forms prescribed and
the Secretary of State, and the information
therein required by paragraphs
(a) through (d), both inclusive,
of this Section, shall be given as of the date
of the execution
of the annual report and the information therein required
paragraphs (e), (f), and (g) of this Section shall be given as
last day of the third month preceding the anniversary
month, except that
the information required by paragraphs (e),
(f), and (g) shall, in the case
of a corporation which has
established an extended filing month, be given
in its final
transition annual report and each subsequent annual report as
of the close of its fiscal year on or immediately preceding the
last day of the third month prior to its extended filing
The information required by paragraph (m) shall be included in
the corporation's annual report filed on and after January 1,
It shall be executed by the corporation by its president,
vice-president, secretary, assistant secretary, treasurer or
duly authorized by the board of directors of the
corporation to execute
those reports, and verified by him or
her, or, if the corporation is in the
hands of a receiver or
trustee, it shall be executed on behalf of the
verified by the receiver or trustee.
(Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18;
100-863, eff. 8-14-18; 101-589, eff. 8-27-19.)
The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Office due to its administration of
the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session prohibited
from disclosure under the First Responders Suicide
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is exempt from disclosure under
subsection (k) of Section 11 of the Equal Pay Act of 2003.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
The State Finance Act is amended by adding
Section 5.935 as follows:
(30 ILCS 105/5.935 new)
The Equal Pay Registration Fund.
The Equal Pay Act of 2003 is amended by
adding Section 11 as follows:
(820 ILCS 112/11 new)
Equal pay registration certificate requirements;
For the purposes of this Section 11 only, "business" means
any private employer who has more than 100 employees in the
State of Illinois, and does not include the State of Illinois
or any political subdivision, municipal corporation, or other
governmental unit or agency.
(a) A business must obtain an equal pay registration
certificate from the Department or certify in writing that it
(b) Any business subject to the requirements of this
Section that is authorized to transact business in this State
on the effective date of this amendatory Act of the 101st
General Assembly must obtain an equal pay registration
certificate within 3 years after the effective date of this
amendatory Act of the 101st General Assembly and must recertify
every 2 years thereafter. Any business subject to the
requirements of this Section that is authorized to transact
business in this State after the effective date of this
amendatory Act of the 101st General Assembly must obtain an
equal pay registration certificate within 3 years of commencing
business operations and must recertify every 2 years
(1) A business shall apply for an equal pay
registration certificate by paying a $150 filing fee and
submitting an equal pay compliance statement to the
Director. Any business that is required to file an annual
Employer Information Report EEO-1 with the Equal
Employment Opportunity Commission must also submit to the
Director a copy of the business's most recently filed
Employer Information Report EEO-1 for each county in which
business has a facility or employees. The business
shall also compile, from
records maintained and available,
a list of all employees during the past calendar
separated by gender and the race and ethnicity categories
as reported in the
business's most recently filed Employer
Information Report EEO-1, and report the
total wages as
defined by Section 2 of the Illinois Wage Payment and
paid to each employee during the past
calendar year, rounded to the nearest hundred
the Director. The proceeds from the fees collected under
this Section shall be deposited into the Equal Pay
Registration Fund, a special fund created in the State
treasury. Moneys in the Fund shall be appropriated to the
Department for the purposes of this Section. The Director
shall issue an equal pay registration certificate to a
business that submits to the Director a statement signed by
a corporate officer, legal counsel, or authorized agent of
(A) that the business is in compliance with Title
VII of the Civil Rights Act of 1964, the Equal Pay Act
of 1963, the Illinois Human Rights Act, the Equal Wage
Act, and the Equal Pay Act of 2003;
(B) that the average compensation for its female
and minority employees is not consistently below the
average compensation, as determined by rule by the
United States Department of Labor, for its male and
non-minority employees within each of the major job
categories in the Employer Information Report EEO-1
for which an employee is expected to perform work under
the contract, taking into account factors such as
length of service, requirements of specific jobs,
experience, skill, effort, responsibility, working
conditions of the job, or other mitigating factors; as
used in this subparagraph, "minority" has the meaning
ascribed to that term in paragraph (1) of subsection
(A) of Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act;
(C) that the business does not restrict employees
of one sex to certain job classifications and makes
retention and promotion decisions without regard to
(D) that wage and benefit disparities are
corrected when identified to ensure compliance with
the Acts cited in subparagraph (A) and with
subparagraph (B); and
(E) how often wages and benefits are evaluated to
ensure compliance with the Acts cited in subparagraph
(A) and with subparagraph (B).
(2) The equal pay compliance statement shall also
indicate whether the business, in setting compensation and
(A) a market pricing approach;
(B) State prevailing wage or union contract
(C) a performance pay system;
(D) an internal analysis; or
(E) an alternative approach to determine what
level of wages and benefits to pay its employees. If
the business uses an alternative approach, the
business must provide a description of its approach.
(3) Receipt of the equal pay compliance statement by
the Director does not establish compliance with the Acts
set forth in subparagraph (A).
A business that has employees in multiple locations or
Illinois shall submit a single application to the
Department regarding all of its
operations in Illinois.
(d) Issuance or rejection of registration certificate. The
Director must issue an equal pay registration certificate, or a
statement of why the application was rejected, within 45
calendar days of receipt of the application. An application may
be rejected only if it does not comply with the requirements of
subsection (c). The receipt of an application by the
Department, or the issuance of a registration certificate by
the Department, shall not establish compliance of the Equal Pay
Act of 2003 as to all Sections except Section 11. The issuance
of a registration certificate shall not be a defense against
any Equal Pay Act violation found by the Department, nor a
basis for mitigation of damages.
(e) Revocation of registration certificate. An equal pay
registration certificate for a business may be suspended or
revoked by the Director when the business fails to make a good
faith effort to comply with the Acts identified in subparagraph
(A) of paragraph (1) of subsection (c), fails to make a good
faith effort to comply with this Section, or has multiple
violations of this Section or the Acts identified in
subparagraph (A) of paragraph (1) of subsection (c). Prior to
suspending or revoking a registration certificate, the
Director must first have sought to conciliate with the business
regarding wages and benefits due to employees.
The Director, or his or her authorized representative, may
interview workers, administer oaths, take or cause to be taken
the depositions of witnesses, and require by subpoena the
attendance and testimony of witnesses, and the production of
all books, records, and other evidence relative to the matter
under investigation or hearing. Such subpoena shall be signed
and issued by the Director or his or her authorized
Upon request by the Director or his or her deputies or
agents, records shall be copied and submitted for evidence at
no cost to the Department. Every employer upon request shall
furnish to the Director or his or her authorized
representative, on demand, a sworn statement of the accuracy of
the records. Any employer who refuses to furnish a sworn
statement of the records is in violation of this Act.
In case of failure of any person to comply with any
subpoena lawfully issued under this Section or on the refusal
of any witness to produce evidence or to testify to any matter
regarding which he or she may be lawfully interrogated, it is
the duty of any circuit court, upon application of the Director
or his or her authorized representative, to compel obedience by
proceedings for contempt, as in the case of disobedience of the
requirements of a subpoena issued by such court or a refusal to
testify therein. The Director may certify to official acts.
Neither the Department nor the Director shall be held
liable for good faith errors in issuing, denying, suspending or
(f) Administrative review.
(1) A business may obtain an administrative hearing in
accordance with the Illinois Administrative Procedure Act
before the suspension or revocation of its certificate is
effective by filing a written request for hearing within 20
calendar days after service of notice by the Director.
(2) A business may obtain an administrative hearing in
accordance with the Illinois Administrative Procedure Act
before the contract award entity's abridgement or
termination of a contract is effective by filing a written
request for a hearing 20 calendar days after service of
notice by the contract award entity.
(g) Technical assistance. The Director must provide
technical assistance to any business that requests assistance
regarding this Section.
(h) Audit. The Director may audit the business's compliance
with this Section. As part of an audit, upon request, a
business must provide the Director the following information
with respect to employees expected to perform work under the
contract in each of the major job categories in the Employer
Information Report EEO-1:
(1) number of male employees;
(2) number of female employees;
(3) average annualized salaries paid to male employees
and to female employees, in the manner most consistent with
the employer's compensation system, within each major job
(4) information on performance payments, benefits, or
other elements of compensation, in the manner most
consistent with the employer's compensation system, if
requested by the Director as part of a determination as to
whether these elements of compensation are different for
male and female employees;
(5) average length of service for male and female
employees in each major job category; and
(6) other information identified by the business or by
the Director, as needed, to determine compliance with items
specified in paragraph (1) of subsection (c).
(i) Access to data. Data submitted to the Director related
to equal pay registration certificates or otherwise provided by
an employer in its equal pay compliance statement under
subsection (c) are private data on individuals or nonpublic
data with respect to persons other than Department employees.
The Director's decision to issue, not issue, revoke, or suspend
an equal pay registration certificate is public data.
(j) Penalty. The Department shall impose on any business
that does not obtain an equal pay registration certificate as
required under this Section, or whose equal pay registration
certificate is suspended or revoked after a Department
investigation, a civil penalty in an amount equal to 1% of the
business's gross profits.
Falsification or misrepresentation of information on an
application submitted to the Department shall constitute a
violation of this Act.
(k) Whistleblower protection. As used in this subsection,
"retaliatory action" means the reprimand, discharge,
suspension, demotion, denial of promotion or transfer, or
change in the terms and conditions of employment of any
employee of a business that is taken in retaliation for the
employee's involvement in a protected activity.
(1) A business shall not take any retaliatory action
against an employee of the business because the employee
does any of the following:
(A) Discloses or threatens to disclose to a
supervisor or to a public body an activity, inaction,
policy, or practice implemented by a business that the
employee reasonably believes is in violation of a law,
rule, or regulation.
(B) Provides information to or testifies before
any public body conducting an investigation, hearing,
or inquiry into any violation of a law, rule, or
regulation by a nursing home administrator.
(C) Assists or participates in a proceeding to
enforce the provisions of this Act.
(2) A violation of this subsection (k) may be
established only upon a finding that (i) the employee of
the business engaged in conduct described in paragraph (1)
of this subsection and (ii) this conduct was a contributing
factor in the retaliatory action alleged by the employee.
There is no violation of this Section, however, if the
business demonstrates by clear and convincing evidence
that it would have taken the same unfavorable personnel
action in the absence of that conduct.
(3) The employee of the business may be awarded all
remedies necessary to make the employee whole and to
prevent future violations of this Section. Remedies
imposed by the court may include, but are not limited to,
all of the following:
(A) Reinstatement of the employee to either the
same position held before the retaliatory action or to
an equivalent position.
(B) Two times the amount of back pay.
(C) Interest on the back pay.
(D) Reinstatement of full fringe benefits and